PRABHA GUPTA ALIAS MUNNI Vs. SANTOSH KUMAR

JUDGEMENT

(1.) THIS application under Section 24 of the Code of Civil Procedure has been filed on behalf of the petitioner for transfer of Divorce Petition No. 3 of 1987 filed on behalf of the opposite party before the District Judge, Nalanda, to District Judge, Patna.

(2.) THERE is no dispute that the petitioner is the wife of the opposite party. For the reason mentioned in the petition for divorce now the opposite party, who is the husband of the petitioners, seeks divorce in accordance with the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). It has been stated in this application that the petitioner was married to the opposite party on 24.4.83 at Bakerganj Gola Road, Patna at the residence of the father of the petitioner. On behalf of the petitioner it was submitted that the petitioner being a lady it is not possible for her to contest the aforesaid divorce case filed by her husband at Nalanda because she has to go to Nalanda on different dates fixed in that case.

(3.) IT is an admitted position that the marriage between the petitioner and the opposite party was solemnised at Patna. Section 19 of the Act prescribes the Courts where an application for divorce can be filed. Section 19(1) says that every petition under the said Act shall be presented to the District court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnised. In view of the other clauses of Section 19 an application for divorce is maintainable at Nalanda because admittedly the petitioner as well as the opposite party resided within the district of Nalanda. But it cannot be disputed that it shall be very harsh and unjust for the petitioner, who is a lady, to defend the case which has been filed against her at Nalanda because admittedly she is residing now with her father at Patna. In support of this application the learned counsel for the petitioner placed reliance on a Bench decision of Calcutta High Court in Smt. Pritikona Banerjee v. Rabi Shankar Banerjee (A.I.R. 1987 Calcutta, 269) where a case was transferred under Section 24 of the Code taking into consideration the convenience of the wife in that matrimonial dispute case.